Frustration, sadness, anguish and anger are feelings that are felt by anyone who experiences personal bankruptcy. Many people are worried about how they will get their monthly expenses paid. You will find there is help, and it is called bankruptcy.
Individuals often seek to file for personal bankruptcy protection if their debts exceed their ability to repay them. If this describes your situation, it makes sense to become familiar with relevant laws. The laws governing bankruptcy vary from state to state. For instance, in some states, you can’t lose your home to bankruptcy, while in other states, you can. See to it that you understand the bankruptcy laws in the area that you live prior to filing.
Individuals often seek to file for personal bankruptcy protection if their debts exceed their ability to repay them. When you are faced with this issue, begin to familiarize yourself with your state’s laws. You will find that each state has their own bankruptcy laws. In some states, your home is protected, while in others it is not. Familiarize yourself with the bankruptcy laws of your state prior to filing.
Learn as much as you can about bankruptcy by going to informational websites. The United States DOJ, the NACBA, and the ABI all have useful information. The more you know, the better prepared you will be to make the best decisions and ensure that your bankruptcy goes smoothly.
Don’t be reluctant to remind your lawyer about specific details he may not remember. Don’t assume that he will remember something you told him weeks ago. Speak up, because it is your future on the line.
If you know people who have filed for bankruptcy, ask them who they would recommend rather than relying on Internet reviews or worse, just randomly picking someone out of the phone book. There are so many dime-a-dozen companies out there who make it a practice of preying on financial desperation. You need to make sure your bankruptcy goes smoothly, so find someone you know you can trust.
One of the most important things to remember when filing for bankruptcy is to be honest and truthful every step of the way. You can lose the right to file bankruptcy now or in the future if you try to withhold information about your assets and income. So it is critical that you disclose everything honestly to to avoid that and any other penalties the trustee might impose if he discovered your attempt to hide information from the court.
Take the time to find a simpler solution to your financial issues, before filing for bankruptcy. If you owe small amounts of money, you can join a counseling program or straighten your finances out by yourself. You might also be able to negotiate lower payments yourself, but make sure that you get written records of any debt modifications to which you agree.
Chapter 7
You may have heard bankruptcy referred to differently, either as Chapter 7 or Chapter 13. Learn the differences between the two before filing. If Chapter 7 is what you file, your debts will get eliminated entirely. All of your financial ties to the people you owe money to will disappear. Filing Chapter 13 differs by requiring you to agree to a 60 month plan to repay your debts before they are totally eliminated. To make the wisest choice, you will need to understand the consequences of each of these two options.
Prior to filing for bankruptcy, discover which assets cannot be seized. Certain assets, as listed in the local bankruptcy regulations, are immune from seizure during bankruptcy. It is crucial to read the list before you file for bankruptcy so you know whether your favorite items will be taken. It is important to know what types of possessions may be taken away before they actually are seized.
If you’re unsure, then you need to learn what a Chapter 7 bankruptcy can do for you, as opposed to what Chapter 13 does. There is a wealth of information online about each type of bankruptcy and their respective pluses and minuses. If the information you read is unclear to you, take the time to go over the specifics with your lawyer before making a decision on which type you will want to file.
When you are looking at a Chapter 7 personal bankruptcy, you may well have debts to worry about for which you share responsibility with another person, such as a spouse, family member, or business partner. Once you complete a Chapter 7 bankruptcy, you will be free of any responsibility of debt, which could put all responsibility on someone close to you. Your creditors can then come after your co-debtor for full repayment of the debt.
Before filing for bankruptcy, you must be educated on the specifics of all bankruptcy laws. For instance, you may not be aware that a filer is forbidden from transferring assets from his or her name for one full year before the petition is filed. Also, a person cannot legally increase their debt amount on credit cards prior to filing.
Learn the newest bankruptcy laws before filing. Bankruptcy laws are in constant flux, so just because you knew the law last year doesn’t mean that the laws will be the same this year. Review the state legislature web site or contact the state legislature office to keep abreast of changes in the law.
Consider any other options available before filing for personal bankruptcy. Credit counseling is an important option for you to pursue. There are a lot of organizations that are non-profits and can assist you. They can work with the creditors to lower payments and interest. You pay them and then they pay the creditors.
Credit Card
Prior to filing, do not use your credit card to get a cash advance, knowing your debts will be eliminated. This is considered fraud, and even after bankruptcy you can be forced to pay all of that money back to the credit card company.
There is a great amount of emotional and mental stress associated with filing for bankruptcy. You need to do your research to find a good bankruptcy lawyer. Get recommendations and look into other qualifications rather than just choosing based on cost alone. Choosing a lawyer should be based on finding one with a proven track record who can give you the help that you need. Talk to friends who have been through a similar situation and ask them for referrals. You could even attend a court hearing to see how an attorney handles his case.
Now that you know a little more about bankruptcy, this process should be much easier for you. It can be disturbing at first, but it is possible to overcome bankruptcy. Implement the advice from this article, and be on your way to your fresh start.